18/8/2016
SHAMS center condemns inflicting death by handing upon the 25 years old citizen Mahmoud Muhammad AlKhudari by the Court of First Instance in Gaza Strip on 17/8/2016. The center also expresses its shock due to announcing Wednesday 24/8/2016 as the day of execution by Ismail Jaber, the Public Prosecutor in Gaza Strip without the approval of the Palestinian president. Article (109) of the Palestinian Basic Law grants the Palestinian an exclusive constitutional power “A death sentence pronounced by any court may not be implemented unless endorsed by the President of the Palestinian National Authority”. Moreover, articles 408 and 409 of Palestinian Penal Procedures Law number (3) of 2001 all emphasize that the death penalty cannot be carried out without the ratification of the president of the Palestinian National Authority.
SHAMS center stresses its solidarity with families of victims and standing by their side. The center repeatedly confirms that calling for abolition of death penalty doesn’t signify tolerating with serious criminals but, substituting death penalty with other deferent punishments which respect humanity and dignity. It worth noting that capital punishment is the ultimate cruelest and irreversible punishment, and doesn’t achieve the goals of the state intended when pronouncing death penalty.
SHAMS center stresses that implementing death penalty doesn’t stop committing crime or deterring crimes. Additionally, death penalty is irreversible once executed, even if the executed person appeared to be innocent later on. Accordingly, enhancing the rule of law is the key to guarantee security and law enforcement equally without discrimination. While using the executions to face murders as a legitimate way indicates the incapacity to conquer criminals and its causes. Before implementing death sentences, it is necessary to look into personal and social reasons, which encourage such people to murder and to commit other crimes. Respecting human dignity, providing life essentials, challenging the crises of unemployment, immigration, suicide and corruption are priorities in Gaza Strip. In addition to providing a decent life in terms of work, social security, freedom and physical safety are perquisites to eradicate criminality.
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